Evidence up in air as Carlie case nears; The defense fights to exclude statements and the car wash tape from Joseph Smith's Nov. 7 murder trial.(B SECTION)

Byline: TODD RUGER todd.ruger@heraldtribune.com

SARASOTA -- Ten days before attorneys begin questioning prospective jurors for Joseph P. Smith's murder trial, prosecutors still aren't certain what evidence they can use in the case.

Smith's defense attorney wants the judge to throw out a car wash surveillance videotape showing Carlie Brucia's abduction. He has also asked Circuit Judge Andrew Owens to ban Smith's jailhouse confession to his brother and to prevent prosecutors from telling the jury that Smith was in jail on a probation violation days before he was charged with the murder.

Prosecutors and defense attorneys argued more pretrial motions …